Right to Adequate Medical Treatment a Fundamental Right: Delhi High Court Granting Bail  on Medical Grounds

 In a landmark decision, the Delhi High Court today underscored the fundamental right to adequate and effective medical treatment while granting interim bail to Hari Om Rai in a case under the Prevention of Money Laundering Act (PMLA).

The judgment focused on interpreting Section 45 of the PMLA, particularly the proviso that allows bail for ‘sick’ persons. The Court balanced the strict conditions for bail under PMLA against the urgent medical needs of the accused.

Hari Om Rai, arrested on October 9, 2023, sought interim bail due to deteriorating health conditions, including heart and orthopedic issues, which were allegedly not adequately addressed in judicial custody. The defense argued for Rai’s fundamental right to medical treatment of his choice, while the prosecution maintained that his medical needs were being met in custody and did not warrant bail.

Justice Swarna Kanta Sharma thoroughly examined Rai’s medical records, acknowledging the aggravation of his health issues while in custody. The Court observed that the treatment required for Rai’s cardiac and orthopedic conditions was beyond the scope of the jail dispensary. Justice Sharma remarked, “The delicate balance between life and death in cardiac emergencies underscores the importance of prioritization and specialized care required in such cases.”

Granting interim bail for three months, the Court set forth several conditions, including a Rs.1,00,000 bond and stipulations against leaving the country, influencing witnesses, or tampering with evidence. This decision highlights the judiciary’s recognition of the right to health as integral to the right to life.

Date of Decision: February 16, 2024.

Hari Om Rai vs Directorate of Enforcement,